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McDonough v. Smith

United States District Court, N.D. New York

May 8, 2017

EDWARD G. MCDONOUGH, Plaintiff,
v.
YOUEL C. SMITH, III, individually and as Special District Attorney for the County of Rensselaer, New York a/k/a TREY SMITH; RICHARD J. MCNALLY, JR., individually and as District Attorney for the County of Rensselaer, New York; KEVIN B. MCGRATH; JOHN F. BROWN; WILLIAM A. MCINERNEY; JOHN J. OGDEN; KEVIN F. O'MALLEY; DANIEL B. BROWN; ANTHONY J. RENNA; ALAN T. ROBILLARD; THE COUNTY OF RENSSELAER, NEW YORK, Defendants.

          Premo Law Firm Attorneys for Plaintiff

          Anderson, Moschetti Law Firm Attorneys for Defendant McGrath

          Office of James E. Long Attorneys for Defendant McInerney

          Attorney General Office - Albany. Attorneys for Defendant Ogden

          Anthony J. Renna Defendant, pro se

          Brian D. Premo, Esq., Peter J. Moschetti, Jr., Esq., James E. Long, Esq., William A. Scott, AAG

          MEMORANDUM-DECISION AND ORDER

          Mae A. D'Agostino U.S. District Judge.

         I. INTRODUCTION

         Plaintiff Edward G. McDonough ("Plaintiff") commenced this action by filing a 174 page, 1220 paragraph complaint on December 18, 2015, asserting three causes of action pursuant to 42 U.S.C. § 1983 ("Section 1983") against eleven named Defendants. See Dkt. No. 1. In a Memorandum-Decision and Order dated September 30, 2016, the Court dismissed Plaintiff's claims against Defendants O'Malley, Robillard, McNally, and John and Daniel Brown. See Dkt. No. 114. The Court dismissed all of Plaintiff's claims against Defendant McInerney except for Plaintiff's Section 1983 conspiracy to commit malicious prosecution claim. See Id. at 51. In a Memorandum-Decision and Order dated December 30, 2016, the Court dismissed all of Plaintiff's claims against Defendants Smith and the County of Rensselaer. See Dkt. No. 121 at 39. The Court dismissed all of Plaintiff's claims against Defendant Ogden except for Plaintiff's Section 1983 conspiracy to commit malicious prosecution claim. See Id. at 39.

         On January 27, 2017, Plaintiff filed a notice of appeal to the Second Circuit, appealing only the dismissal of Plaintiff's claims against Defendant Smith. See Dkt. No. 124. On February 17, 2017, Plaintiff filed a motion for entry of a final judgment pursuant to Fed.R.Civ.P. 54(b) with respect to the dismissal of Plaintiff's claims against Defendant Smith. See Dkt. No. 131. Defendant Smith joined in Plaintiff's motion for entry of a final judgment. See Dkt. No. 133. On March 2, 2017, Magistrate Judge Stewart granted Defendant Ogden's request for a stay of discovery pending the resolution of Plaintiff's appeal. See Dkt. No. 135.

         Currently before the Court is Plaintiff's motion, joined by Defendant Smith, for entry of a final judgment pursuant to Fed.R.Civ.P. 54(b) with respect to the dismissal of Plaintiff's claims against Defendant Smith. See Dkt. Nos. 131, 133.

         II. BACKGROUND

         The Court assumes the parties' familiarity with the factual background of this case, which has been extensively discussed in the Court's prior rulings.

         III. ...


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